Common use of Security for Hedging with Former Lenders Clause in Contracts

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Obligations owing to such Former Lender and its Affiliates under Lender Hedge Agreements entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, unless the context otherwise requires, all references herein to “Lender Swap Obligations” shall include such obligations to a Former Lender and its Affiliates and all references herein to “Lender Hedge Agreements” shall include such Lender Hedge Agreements with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations). For certainty, any Lender Swap Obligations under any individual Lender Hedge Agreements entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security Documents. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security Documents, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security Documents; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security Documents.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 10.10 and unless the context otherwise requires, all references herein or in any other Document to “"Lender Swap Financial Instrument Obligations” " shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to "Lenders" shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to "Hedging Affiliates" shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “"Lender Hedge Agreements” Financial Instruments" shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basisbasis (subject to Section 11.7), in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 11.10 and unless the context otherwise requires, all references herein or in any other Document to “"Lender Swap Financial Instrument Obligations” " shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to "Lenders" shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to "Hedging Affiliates" shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “"Lender Hedge Agreements” Financial Instruments" shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 10.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Swap Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Hedge AgreementsFinancial Instruments” shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basisbasis (subject to Section 11.7), in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 11.10 and unless the context otherwise requires, all references herein to “Lender Swap Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates and all references herein to “Lender Hedge AgreementsFinancial Instruments” shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu a basis, in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 11.11 and unless the context otherwise requires, all references herein to “Lender Swap Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates and all references herein to “Lender Hedge AgreementsFinancial Instruments” shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Swap Obligations Indebtedness owing to such Former Lender and its Hedging Affiliates under Lender Hedge Swap Agreements entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Obligations were Indebtedness was secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 9.11 and unless the context otherwise requires, all references herein or in any other Loan Document to “Lender "Swap Obligations” Indebtedness" shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Loan Document to "Lenders" shall include Former Lenders for the purposes of such obligations, all references herein or in any other Loan Document to "Hedging Affiliates" shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Loan Document to “"Lender Hedge Swap Agreements” " shall include such Lender Hedge Swap Agreements with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender obligations arising under Swap Obligations under any individual Lender Hedge Agreements entered into by the Borrower or a Subsidiary with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, but subject to the Collateral Agency and Intercreditor Agreement, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 11.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Swap Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Hedge AgreementsFinancial Instruments” shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “"Former Lender”"), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 11.10 and unless the context otherwise requires, all references herein to “"Lender Swap Financial Instrument Obligations” " shall include such obligations to a Former Lender and its Hedging Affiliates and all references herein to “"Lender Hedge Agreements” Financial Instruments" shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Financial Instrument Obligations owing to such Former Lender and its Hedging Affiliates under Lender Hedge Agreements Financial Instruments entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Financial Instrument Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, 10.10 and unless the context otherwise requires, all references herein or in any other Document to “Lender Swap Financial Instrument Obligations” shall include such obligations to a Former Lender and its Hedging Affiliates, all references herein or in any other Document to “Lenders” shall include Former Lenders for the purposes of such obligations, all references herein or in any other Document to “Hedging Affiliates” shall include Affiliates of such Former Lenders for the purposes of such obligations and all references herein or in any other Document to “Lender Hedge AgreementsFinancial Instruments” shall include such Lender Hedge Agreements Financial Instruments with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations)Hedging Affiliates. For certainty, any Lender Swap Financial Instrument Obligations under any individual Lender Hedge Agreements Financial Instruments entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security DocumentsSecurity. Notwithstanding the foregoing, but subject to the Collateral Agent and Intercreditor Agreement, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security DocumentsSecurity, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security DocumentsSecurity; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basisbasis (subject to Section 11.7), in any proceeds of realization and enforcement of the Security DocumentsSecurity.

Security for Hedging with Former Lenders. If a Lender ceases to be a Lender under this Agreement (a “Former Lender”), all Lender Swap Obligations owing to such Former Lender and its Affiliates under Lender Hedge Agreements entered into while such Former Lender was a Lender shall remain secured by the Security Documents (equally and rateably) to the extent that such Lender Swap Obligations were secured by the Security Documents prior to such Lender becoming a Former Lender and, subject to the following provisions of this Section 10.11 and, unless the context otherwise requires, all references herein to “Lender Swap Obligations” shall include such obligations to a Former Lender and its Affiliates and all references herein to “Lender Hedge Agreements” shall include such Lender Hedge Agreements with a Former Lender and its Affiliates (in each case, other than Excluded Swap Obligations). For certainty, any Lender Swap Obligations under any individual Lender Hedge Agreements entered into with a Former Lender or an Affiliate thereof after the Former Lender has ceased to be a Lender (irrespective of the fact that the master agreement between such parties was entered into prior thereto) shall not be secured by the Security Documents. Notwithstanding the foregoing, no Former Lender or any Affiliate thereof shall have any right to cause or require the enforcement of the Security Documents or any right to participate in any decisions relating to the Security Documents, including any decisions relating to the enforcement or manner of enforcement of the Security Documents or decisions relating to any amendment to, waiver under, release of or other dealing with all or any part of the Security Documents; for certainty, the sole right of a Former Lender and its Affiliates with respect to the Security Documents is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security DocumentsDocuments and amendments to, or waivers in respect of, Section 7.6 shall require the consent of each Former Lender which has outstanding Lender Swap Obligations.